Devine v. Devine

This is a divorce and child custody case.

In the judgment divorcing the parties, custody of two sons, ages seven and four, was given to the mother. The judgment recited that the evidence presented indicated that neither parent was unfit to have custody of the children and that there was not a clear preponderance of evidence favoring suitability of one parent over the other. Therefore the court determined that the interest of the children would be best served by indulging the "tender years" presumption and granting custody to the mother subject to liberal visitation by the father. The father…